Themis Essay 5306 Flashcards
A county enjoys sovereign immunity from
all tort liability stemming from the conduct of its officers, agents, and employees.
A city or town generally enjoys sovereign immunity from tort liability stemming from
the conduct of its officers and agents only when they are engaged in a governmental function.
A city or town generally does not enjoy sovereign immunity protection when engaged in
a proprietary function.
By statute, a city or town is not subject to tort liability for the conduct of its officers and agents in the operation and maintenance of its
recreational facilities, unless that conduct constitutes gross negligence.
Gross negligence is defined as
the complete neglect for the safety of another and the absence of even slight diligence.
A motion made during a trial by a defendant to strike the evidence tests
whether the plaintiff has made a prima facie case for the claim.
To establish a municipality’s tort liability, a plaintiff must allege and show that the municipality had
actual or constructive notice of the existence of a defect that caused the plaintiff’s injury.
Actual notice occurs when the proper municipal officer had
actual knowledge of the defect.
Constructive notice occurs when the defect has existed for such a length of time that it
could have been discovered through the exercise of ordinary care.
The maintenance of a public sidewalk by a municipality is
a proprietary function rather than a governmental function.
A municipality may be liable for negligence if its failure to maintain a public sidewalk
caused a plaintiff’s injury.
In a negligence action against a municipality, the plaintiff must show that the municipality had
actual or constructive notice of the existence of a defect that caused the plaintiff’s injury.
The mere existence of a slight, obvious defect, such as a crack in a sidewalk, is insufficient as a matter of law to establish
the negligence of a municipality.
